Roybal-Allard statement at hearing on Immigration and Customs Enforcement budget request
“Good morning, Director Saldaña, and welcome to this morning’s hearing.
“Let me begin by saying how pleased I am that the Advisory Committee for family detention began its work last December. The budget proposes $57 million for 960 family detention beds, which is a significant reduction below the number of beds funded for the current year. This is a reflection of how the approach to families has changed over the past several months. As we have discussed, much more still needs to be done, and I am hopeful the Advisory Committee will play a significant role in addressing the serious issues that still exist.
“I was also pleased to learn of your announcement last week about an initiative to hire community relations officers to help improve relations with non-profit organizations, community groups, local law enforcement agencies, and other stakeholders. My understanding of this initiative is that it will help generate constructive feedback that ICE can use to improve the way it carries out its mission.
“I believe there is real opportunity here, and I hope ICE will make the most of it, because I continue to have serious concerns about how ICE is carrying out its immigration enforcement activities and detention operations. We have discussed those concerns a number of times, but I have yet to see the kind of progress that I have hoped for.
“I am specifically concerned that ICE’s enforcement actions have targeted families with young children from Central America who are already traumatized by the violence in their home countries and the dangerous journey they took to escape that violence. It’s unclear whether these families were given the opportunity to present themselves for removal, which might have made enforcement actions unnecessary.
“Also in question are ICE’s tactics, which reportedly have involved subterfuge and taking advantage of the fact that most families don’t know their rights. These individuals are not criminals. Even a final order of removal doesn’t mean they don’t deserve to be treated humanely and with respect.
“Let me clarify that I am not suggesting ICE should not enforce our immigration laws or never remove anyone from the United States. What I am suggesting is that the current process fails to ensure due process to those seeking asylum, especially children.
“Most of us who were born and raised in this country and speak English would find it difficult, if not impossible, to navigate our immigration system by ourselves. Just think how impossible it is for a child. Yet more than 50 percent of unaccompanied children have no legal representation.
“To make matters worse, a Washington Post story earlier this month reported that a senior immigration judge – someone who trains other immigration judges – testified during a federal court deposition that he has taught unaccompanied children as young as three and four immigration law, and therefore, they can adequately represent themselves. That is simply outrageous!
“It is true that, currently, there is no obligation for the federal government to provide legal representation. But we have to ask ourselves the crucial question as to whether due process can really exist without it. That is why Congresswoman Zoe Lofgren, Congressman Luis Gutiérrez, and I have introduced the Fair Day in Court for Kids Act.
“While I realize legal representation may be more of a Department of Justice issue, ICE needs to be sensitive to concerns of due process.
“Thank you again for being here, and I look forward to our discussion this morning.”